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Republican presidential candidate former President Donald Trump gestures at the National Religious Broadcasters convention at the Gaylord Opryland Resort and Convention Center Thursday, Feb. 22, 2024, in Nashville, Tenn. (AP Photo/George Walker IV)

Trump's lawyers call for dismissal of classified documents case, citing presidential immunity

Former President Donald Trump’s legal team has filed multiple motions urging a Florida judge to dismiss the criminal case charging him with illegally retaining classified documents

By AP News
Published - Feb 23, 2024, 12:30 AM ET
Last Updated - Feb 23, 2024, 12:30 AM EST

WASHINGTON (AP) — Former President Donald Trump's legal team filed multiple motions Thursday night urging a Florida judge to dismiss the criminal case charging him with illegally retaining classified documents, claiming in part that presidential immunity protects him from prosecution — an argument they have already submitted to the U.S. Supreme Court in his election interference case.

Lawyers Christopher Kise and Todd Blanche wrote that the charges "turn on his alleged decision to designate records as personal under the Presidential Records Act (PRA) and to cause the records to be moved from the White House to Mar-a-Lago." Since Trump made this decision while he was still in office, they wrote, it "was an official act, and as such is subject to presidential immunity."

Trump faces dozens of felony counts in federal court in Florida accusing him of illegally hoarding classified documents at his Mar-a-Lago estate and obstructing government efforts to retrieve them. The case is currently set for trial on May 20, but that date could be pushed back.

Trump's lawyers also argued that Attorney General Merrick Garland's appointment of special counsel Jack Smith to investigate the former president was “unlawful” and grounds for dismissal of the documents case.

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